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tv   CBS 5 Eyewitness News at 5PM  CBS  February 22, 2012 5:00pm-5:30pm PST

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gun. police took off in this neighborhood. three nearby schools were locked down as police moved door to door guns drawn searching for the suspects. >> these guys ran, you know, over back fences through yards through green belts, you know, for quite a distance. so we why just trying to keep ahead of them. >> reporter: neighbors were trying to keep ahead of them too. >> i think we had three or four calls from people along the path of the suspects somebody just ran through my yard or there are out in the street and it was from that realtime information that we were under all the circumstances mattly able to catch up to them. >> reporter: catch up to them, police did. after an hour, chopper 5 caught one suspect surrendering on his knees, crawling across a yard before being taken into custody. not long after, this arrest. thanks to a k-9 unit and a third suspect also arrested in a backyard. the man whose home was burglarized had minor injuries from the scuffle and will be fine. police haven't recovered one of
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the guns that the suspect had. christin ayers, cbs 5, live in fremont. san francisco's newly sworn sheriff is set to go to trial friday on domestic violence charges. but mirkarimi's attorney is trying to keep that from happening. phil matier on why the defense says the whole case should be thrown out. >> reporter: in a motion filed today mirkarimi's attorney claims that the sheriff's wife eliana lopez was not that upset when she talked had her neighbor ivory madison about what happened on new year's eve. the motion states that madison actually told police that the supposedly distraught lopez looked, quote, how i normally see her, end quote any day of the week. it wasn't until lopez got to talking about her troubled marriage with the sheriff that she got upset. quote, sobbing and was devastated because she wants to have a normal marriage, end quote. madison said that, quote, the most important thing to her was not losing her son in a custody battle with the sheriff if the marriage fell apart and that she wanted the bruise that supposedly had been inflicted
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on her by her husband photographed just in case there was an ugly custody battle over the child. whatever the case, mirkarimi's attorney wants it all tossed out as here say. >> these are not unusual motions or unusual requests in these cases. they have to be litigated. >> reporter: it remains to be seen what the judge's decision is going to be on this. if the mirkarimi' attorneys are successful then a key piece of evidence will be lost to the district attorney. on the other hand, there's a lot of stuff in here that we've already seen that's a bit embarrassing for the sheriff at least in the court of public opinion. in san francisco, phil matier, cbs 5. a crucial vote on financing for the america's cup has been put off for now. the san francisco supervisor's budget committee was to vote on how much the city would spend on the event and on development rights for several of the city's piers. instead it asked a lot of questions about costs and revenue projections. a vote must take place by tuesday or the construction
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timetable will fall behind schedule. whoo! >> an emotional moment as a san francisco woman facing foreclosure just bought some precious time. monica kenney says wells fargo put her excelsior home up for auction just one day after the bank agreed to work with her to catch up on her payments. a community group took up her cause and today kenney got a two-week reprieve from fannie mae. >> they are going to look into wells fargo's claims that they want to stand by the agreement that they offered me. >> kenney says it's all a paperwork problem. she has been meeting with an attorney today to work out the next move. spray-painted satanic messages that's what some bay area catholics saw when they went to ash wednesday mass. and tonight, it's being investigated as a hate crime. mark sayre explains why the graffiti has not been removed yet. mark. >> reporter: well, elizabeth,
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parishioners here at saint ann's catholic church are just arriving for ash wednesday mass and here's what they see. take a look. both union city police and church officials say in the overnight hours, somebody vandalized the church in latin letters the graffiti in some parts says, seize the night, spray-paint was put on statues of mary and joseph. union city police are investigating this case as a hate crime but church officials have made the decision to leave the vandalism in place for the time being to use it as a point of reflection for church members and the larger community. >> father wants to leave it up because he wants the community to see what has happened to our church and also to be a reminder of how much hatred and racism that we have here in our community and throughout the world. >> reporter: back to a live picture now, union city police say detectives were notified first thing this morning. they have followed special procedures for what's classified as a hate crime. at this point, union city police cannot say if this is the work of just one lone
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vandal or if it is part of some larger effort. union city police are reaching out to other nearby jurisdictions to make sure that there are no similar cases to this so at this point, who did this? nobody knows at this point. but it is being investigated as a hate crime. reporting live in union city, mark sayre, cbs 5. the man accused of beating a berkeley man to death went before a judge today. prosecutors charged daniel dewitt with murder for the death of peter cukor. investigators say dewitt was wandering around outside the victim's home saturday night before the attack. the case is under review because cukor himself had called police but officers were not dispatched to his home. other bay area headlines, police evacuated an oakland elementary school this morning. this is after a man was spotted walking around with a shotgun. the students were cleared out of maxwell park international academy just after 11:00 as a precaution. the man gave up about 20 minutes later. but it's still unclear what he was doing in that neighborhood
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and why he had the gun. no word yet on what sparked an overnight fire at a berkeley artist livein studio. the flames spread to an adjacent rental cottage. four people were displaced, nobody hurt. but the observer's terrified dog bit two firefighters who saved it. a second chance for a diet pill that was once deemed unsafe. the new research that's giving the drug qnexa new life and what it could mean for thousands struggling to lose weight coming up next. plus, sticker shock. what a consumerwatch investigation found once sale price tags were peeled back and the reason some are now wondering if they are getting a raw deal. then protecting your checkbook. the new investigation targeting banks and those hefty overdraft fees. ,,,,,,
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incident in november. the 19 uc-davis students are suing the school over this pepper spray incident in november. those students as you see were
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sitting down protesting tuition hikes when campus police sprayed them. the federal lawsuit claims officers and the university administrators suppressed free speech and used excessive force. >> i was blinded and disoriented. the worst part was i kept inhaling pepper spray as it dripped down my face and mouth and so i literally felt like i was suffocating. >> uc-davis police said that they felt threatened and surrounded. two officers and the campus police chief have been suspended with pay while the university conducts its investigation. a second chance for the diet pill qnexa. an fda advisory panel recommends approval. the panel rejected the drug in 2010 because of safety concerns. but as dr. kim mulvihill reports, new research prompted them to take a second look. reporter: she tried every diet but could not lose weight. >> family and friends were convinced that i must have been doing something wrong because
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why wasn't it coming off? >> reporter: she weighed more than 200 pounds when her doctor put her on two drugs, phentermine and an antiseizure and migraine medication. >> within the first year i lost over 50 pounds. >> reporter: the pill combining the two drugs is called qnexa. the fda advisors rejected the drug in 2010 concerned about side effects including heart problems and birth defects. but new findings eased their concerns. >> should everyone who is obese take qnexa? no. but many, many people will benefit. >> reporter: however, ucsf cardiologist dr. rita redburg is concerned many could be harmed. she says we need more long-term data on the risks and benefits. >> i don't have a good history of getting post marketing studies of getting data after the drug is approved and especially for a drug which clearly millions of people
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would consider taking, you know, even small rare adverse events are going could tomorrow out. >> reporter: currently there is only one fda-approved drug approved for weight loss, xenical. >> there are these two medication that work so well for me and i think it would be amazing for more people to be able to have access to this medication. >> reporter: she says it not only helped her lose weight but helped her keep it off. now, of the vote was 20-2 in favor of approval. they want ongoing monitoring for heart problems and as for birth defects, they ask women not to get pregnant while taking the drug. dr. redberg hopes this preference for pills over lifestyle changes does not come back to haunt us. >> and the birth control -- she said many pregnancies are -- >> half of all pregnancies are unplanned so this is really -- in the clinical trials, 43 women got pregnant. they were in the clinical trial on birth control.
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so it's a problem. we'll see how they cope. >> advisory panel. all right, kim, thanks. americans hit with hefty overtravis draft fees. we may see some relief in the future. what a new is targeting to help protect your bank account regarding hefty overdraft fees. with coupons, discounts and clearance sales you still are getting a great deal but are you being tricked into thinking you're saving big? the consumerwatch hidden camera investigation next. and clocked at 20 million miles per hour. where astronomers captured the record-breaking wind speed. did somebody say record- breaking? from the cbs 5 weather center we had five record-breaking high temperatures today across the bay area. tonight the advisory you need to know about and we'll pinpoint the neighborhoods that will experience a repeat performance thursday as eyewitness news continues on cbs 5. ,, ♪
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[ male announcer ] for our families... our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller portion sizes and more low- & no-calorie beverages... adding clear calorie labels so you know exactly what you're choosing... and in schools, replacing full-calorie soft drinks with lower-calorie options. with more choices and fewer calories, america's beverage companies are delivering.
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account. now the feds are investigation. they are right up there with atm fees. overdraft fees draining your bank account. the consumer protection agency is now looking into how charges are marketed and spy plane to customers. it says the probe could lead to
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rule changes and even lawsuits. california launched and effort to protect personal information on mobile apps today. >> giving more information to the consumer so they understand how this technology can be used and how their personal and private information can be used and potentially manipulated. >> state attorney general kamala harris announced a deal with the sixth largest providers of apps including apple, google and microsoft. it requires app developers to include privacy policies so users know how their personal information will be accessed and used. harris says the state will sue any developers who don't follow the agreement. a sale every week, huge discounts, it's a strategy that keeps customers going to kohl's week after week but just how good are those deals? on the consumerwatch, julie watts with a hidden camera investigation that found marked- up, markdowns. >> reporter: she thought she was getting a good deal.
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half off these high thread count sheets for 209.99 at kohl's. then she found this price inside the packaging, 40 bucks cheaper than the outside sticker. did she really get half off? >> you really look at packaging on the stores and you expect the price on top is cheaper and actually it was more expensive. >> reporter: she suspects kohl's may be marking up prices before marking them down making sales seem bigger. >> this is just not right. >> reporter: hidden cameras sent inside several kohl's stores reveal the printed price tags on at least 15 items from clothes to kitchen products had been marked up, some as much as $100. this twin sheets set off for 50% off 89.99 has another price tag inside the packaging for 49.99. do the math. the current sale is only a $5 savings from the original tag. >> that's not so hot. >> reporter: and this skillet on sale for 34.99 has a sticker
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that says the regular price is 39.99. but underneath that sticker, you can see it was once marked 29.99. that means a current price on sale is actually $5 more than the originally mark price. >> that's kind of stupid. >> i think it's a good trick. >> reporter: we don't know when the prices were raised but this consumer attorney says if kohl's is mark up prices to mark them down, it's breaking california state law which bans companies from making false or misleading statements about the amounts of price reductions. >> that's illegal in california. you just can't do it. >> reporter: kohl's denies any wrongdoing saying, it does not raise off-sale prices on a short-term basis just for purposes of a future sales event. as is common in the retail industry, from time to time, product prices are increased due to production and raw material cost increases t claims the price of patty's sheets were up because of the rising cost of cotton and kohl's admits the prices on the
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other 15 items marked up were raised in summer or fall before the current sale. >> 50% off sounds great. >> reporter: but now customers aren't so sure they will believe a kohl's sale when they see one. there is no law that says a store can't put high ticket prices on top of low ones. and kohl's says when it does raise prices, it tells stores to reticket inventory to match the prices of that new more expensive merchandise coming in. for the company's full statement, head to >> now, is there any way that customers can protect themselves from being overcharged any kind of way they can research these prices? >> you can obviously do what was done here and peel back the stickers check for other prices and there will be a second sticker if they are doing this but also, there are lots of apps where you can scan the bar code and see if there is a better price at a neighboring store. >> that's useful. >> thank you. all right. have you heard the joke that ikea is actually the swedish
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word for argument? the swedish furniture maker's printed assembly instructions legendary for inspiring disputes between coupleles. all right. counseling is on the horizon in the form of instructional videos on youtube. the first video this week is for putting together a bed frame. hm. there will be a new video every week. well, an amazing sight to see. nasa astronomers have clocked the fastest ever wind coming off of a stellar mass black hole. there you go. this is an artist impression of the system. nags sa's website says their record-breaking wind is moving about 20 million miles an hour. that's about 3% of the speed of light. >> what about the records here, roberta? >> we have records. in fact, i just heard from a reporter in colorado who sent me a picture of 80-mile-per- hour wind damage in boulder, colorado and i said we have 80s here but it's 80s in temperature. in fact, let's take a look right now at some of the records that we did establish here in the bay area. santa rosa today topped off at
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80 degrees. santa cruz at 79. livermore with a brand-new record shattering the old record established 27 years ago. redwood city just edged out that one too at 78 degrees and mountain view tied a record established back in 1985, as well. it's our live cbs 5 weather camera looking out towards the golden gate bridge and the sky is seamless. current air temperatures span from 60 in oakland to 67 degrees in san jose. you notice san francisco is dropped off to 56. that's the due to more of a westerly wind but, boy, the winds have already increased. sfo gusts up to 39 miles per hour. we have a wind advisory in place for the northern and eastern portion of our district. 4 a.m. tomorrow morning through 6 p.m. as some of these winds exceed 30 miles per hour. we still have plenty of precipitation but it's all directly to the north of us. we are under the huge dome of high pressure. it was strengthening today. for lack of the winds allowing the air mass to soar up to those record levels and we'll experience at least one more
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day of these unseasonably mild conditions albeit just a degree or two cooler. now, tonight overnight, temperatures 39 to 47 degrees with the clear skies. but the increasing winds, especially again north of the golden gate bridge, and east of the bay bridge. and it looks like the pollen is getting stirred up. did you feel it today? i know i certainly did. it's because of the alder, ash and juniper tree count continues to blossom and reach those high levels. meanwhile speaking of high temperatures, let's go ahead and walk you through, first off the santa clara valley topping off 78 degrees in santa clara. 73 in los gatos. 70 in union city. otherwise, average high temperatures this time of the year is right around 65 livermore but talking about 76 in concord, clayton and walnut creek. with that northerly wind 20 to 30 miles per hour around mount tam we'll see temperatures mountain low 70s in mill valley, mid-60s at the beaches and bodega bay. pick city, 75 in santa cruz. there you have it slight
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cooling tomorrow and additional meltdown of the numbers on friday. we do turn partly cloudy, breezy and cooler over the weekend. you will feel the difference. and we do introduce that chance of rain showers on tuesday and wednesday. if you are heading to the high sierra over the next several days, we're talking about record warm numbers there all in the mid- and high 50s. heavenly says it's dropping down to the teens so we're busy overnight making snow. northstar plenty of hiking as well because after all, the lake tahoe area is one of the most glorious places on the face of the earth. >> it is. absolutely gorgeous. snow or dry doesn't matter. >> there you go. >> enjoy. >> it was heart coming in today. coming indoors not coming in here of course. but coming indoors. newscast outside? >> nice idea. president obama on the microphone again. the song this time that prompted him to break out the tunes. coming up next.
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the dow dropped 27 points stocks closed lower for the first time in four trading days. the dow dropped 27 points today one day after touching the 13,000 mark. analysts doubt the latest bailout plan for greece and its effect on global economic growth. campaign 2012. rick santorum's surge is extending to california. according to a new field poll released today, 25% of registered republican voters now support the former pennsylvania senator way up from the last field poll in november. mitt romney still leads with 31%. santorum, romney neck and neck in arizona and michigan, the next states to vote tuesday. newt gingrich, ron paul still in the race. all four gop presidential hopefuls campaigned in arizona today before the candidates' debate going on right now. former president nixon tickled the ivories. former president clinton jammed
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on his saxophone. now president obama sings the blues. ♪ [ music ] >> come on ♪ baby don't you wanna go ♪ >> he sounds good. blues legend bb king invited the president to join in on the old robert johnson blues standard, sweet home chicago. it was for a pbs special on blues music marking black history month taped at the white house. the all-star band also included buddy guy and mick jagger. the oldest restaurant still in its original location in san francisco is celebrating a milestone. 150 years in business. it's the old clam house restaurant on bayshore boulevard. the owners say it's located on what used to be the waterfront where people once dug for clams. >> this restaurant actually survived the 1906 earthquake but the debris from the earthquake was used to fill in a lot of the marshy lands
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around the restaurant. >> the restaurant was built when abraham lincoln was being inaugurated. tomorrow is the actual anniversary. the owners are planning a big party. guys, you forgot valentine's day? you got a chance to make it up. this giant pink diamond was unearthed in australia. the 12.76-carat argyle pink jubilee one of the largest stones of its kind ever found there and the price tag to match as you might imagine. they say it's worth more than $10 million. >> my birthday is coming up... new museum celebrates african-american history. we'll show you some of its treasures. that story and all the day's news tonight on the cbs evening news. ,,,,,, anyone who grows things for a living will tell ya...
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a plant is only as good as the soil you put it in. look, both these potted plants got the same sun. same water. only difference? this. miracle-gro potting mix. rich organic ingredients with miracle-gro plant food mixed right in. it even feeds plants for six straight months. want this result?
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gotta start with this soil. miracle-gro potting mix. success starts with the soil. miracle-gro potting mix. [ traffic passing ] ] ♪ [ music box: lullaby ] [ man on tv, indistinct ] ♪ [ lullaby continues ] [ baby coos ] [ man announcing ] millions are still exposed to the dangers... of secondhand smoke... and some of them can't do anything about it. ♪ [ continues ] [ gasping ]
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what i'm dana king. here's what we're working on for the 6:00 news. bears running amok in the sierra. what's behind the early wake-up call and how animal control is trying to stop one troublemaker in her tracks with chocolate cake. >> what i suggest and urge parents to do is do their own research. that's what my wife and i did. >> a war on girl scouts. why one lawmaker says they are a radical group that promotes abortion. that and more tonight at 6:00. >> all right. see you in 30 minutes, dana. thanks. >> "cbs evening news with scott pelley" is next. >> the latest news and weather are always on ♪ [ music ] >> caption colorado, llc


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